Subsequent Injury Fund

39-71-905 et. seq. MCA

The Department manages the Subsequent Injury Fund, a program designed to assist individuals with disabilities obtain employment.

A person with a disability is defined in statute as a person who has a medically certifiable permanent impairment which is a substantial obstacle to obtaining employment or to obtaining re-employment if the employee should become unemployed, and is based on such factors as the person's age, education, training, experience and employment rejection.

Once an individual is certified and returns to work, should he or she have an injury again, the Fund limits the liability of the insurer to 104 weeks of benefits. After that point insurers are reimbursed for the medical and indemnity benefits paid on the claim.